The purpose of this article of the Sewer Use Code of the Village
of Brockport is to provide for the health, safety and general welfare
of the citizens of the Village of Brockport through the regulation
of nonstormwater discharges to the municipal separate storm sewer
system (aka "MS4") to the maximum extent practicable as required by
federal and state law. This article establishes methods for controlling
the introduction of pollutants into the MS4 in order to comply with
requirements of the SPDES general permit for municipal separate storm
sewer systems. The objective of this article is:
A.
To meet the requirements of the SPDES general permit stormwater discharges
from MS4s, Permit No. GP-02-02, as amended or revised;
B.
To regulate the contribution of pollutants to the MS4 since such
systems are not designed to accept, process or discharge nonstormwater
wastes;
C.
To prohibit illicit connections, activities and discharges to the
MS4;
D.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
article; and
E.
To promote public awareness of the hazards involved in the improper
discharge of trash, yard waste, lawn chemicals, pet waste, wastewater,
grease, oil petroleum products, cleaning products, paint products,
hazardous waste, sediments and other pollutants into the MS4.
Whenever used in this article, unless a different meaning is
stated in a definition applicable to only a portion of this article,
the following terms will have the meanings set forth below:
Schedule of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMP also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Protection Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereof.
Activity requiring authorization under the SPDES permit Stormwater
Discharge From Construction Activity, GP-02-02, as amended or revised.
Currently these activities include, but are limited to, clearing and
grubbing, grading, excavating and demolition.
The New York State Department of Environmental Conservation.
Any individual, association, organization, partnership, firm,
corporation or other entity discharging stormwater to the municipal
storm sewer.
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause or significantly
contribute to a substantial present or potential hazard to human health,
safety, property or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, except as exempted in § 42-17.
Any drain or conveyances which allows any nonstormwater discharge,
including treated or untreated sewage, process wastewater, and wash
water, to enter the MS4 and any connections to the storm drain system
from indoor drains and sinks, regardless of whether said drain or
connection had been previously allowed, permitted or approved by an
authorized enforcement agency;
Any drain or conveyance connected from a commercial or industrial
land use to the MS4 which has not been documented in plans, maps or
equivalent records and approved by an authorized enforcement agency;
or
Any stormwater discharge to a sanitary sewer unless approved
by an authorized enforcement agency.
Any direct or indirect nonstormwater discharge to an MS4, except as exempted by § 42-17.
Activities subject to SPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Any liquid, gaseous or solid substance, or a combination
thereof, which is an undesired by-product waste resulting from any
process of industry, manufacturing, trade or business or from the
development or recovery of any natural resources, except garbage.
The Village of Brockport.
A drain or conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains):
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to, paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid waste
and yard waste; refuse, rubbish, garbage, litter or other discarded
or abandoned objects, ordnances and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from construction of a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel or land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
A facility serving one or more parcels of land or residential
households, or private, commercial or institutional facility, that
treats sewage or other liquid wastes for discharge into the groundwaters
of New York State, except where a permit for such a facility is required
under the applicable provisions of Article 17 of the Environmental
Conservation Law.
A sewer which transports sewage and to which stormwater,
surface waters and groundwater are not intentionally admitted.
A combination of the water-carried wastes from residences,
business buildings, institutions and industrial establishments, together
with such groundwater, surface waters and stormwaters may be inadvertently
present. The admixtures of sewage with industrial wastes, as defined
above, or other wastes also shall be considered "sewage" within the
meaning of the definition.
Discharge compliance with water quality standards: the condition
that applies where a municipality has been notified that the discharge
of stormwater authorized under its municipal separate storm sewer
(MS4) permit may have caused or has the reasonable potential to cause
or contribute to the violation of an applicable water quality standard.
Under this condition, the Village of Brockport must take all necessary
actions to ensure future discharges do not cause or contribute to
a violation of water quality standards.
Section 303(d) listed waters: the condition in the Village of
Brockport's MS4 permit that applies where the Village of Brockport
discharges to a 303(d) listed water. Under this condition, the stormwater
management program must ensure no increase of the listed pollutant
of concern to the 303(d) listed water.
Total maximum daily load (TMDL) strategy: the condition in the
Village of Brockport MS4 permit where a TMDL including requirements
for control of stormwater discharges has been approved by EPA for
a water body or watershed into which the Village of Brockport discharges.
If the discharge from the Village of Brockport did not meet the TMDL
stormwater allocation prior to September 10, 2003, the Village of
Brockport was required to modify its stormwater management program
to ensure that reduction of the pollutant of concern specified in
the TMDL is achieved.
The condition in the Village of Brockport's MS4 Permit
that applies if a TMDL is approved in the future by the EPA for any
water body or watershed into which the Village of Brockport discharges:
Under this condition, the Village of Brockport must review the applicable
TMDL to see if it includes requirements for control of stormwater
discharges. If the Village of Brockport is not meeting the TMDL stormwater
allocations, the Village of Brockport must, within six months of the
TMDL's approval, modify its stormwater management program to
ensure that reduction of the pollutant of concern specified in the
TMDL is achieved.
A permit issued by NYSDEC [under authority delegated pursuant
to 33 U.S.C. § 1342(b)] that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable
on an individual or general area-wide basis.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels (e.g., ditches), reservoirs and other
drainage structures.
Any surface flow, runoff or drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation.
Code Enforcement Officer, the Municipal Engineer or other
public official(s) designated by the Trustees of the Village of Brockport
to enforce this article. The SMO may also be designated by the municipality
to accept and review stormwater pollution prevention plans, forward
the plans to applicable municipal boards and the Municipal Engineer
as well or designates the inspection of stormwater management practices.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems and/or receiving waters to the maximum extent practicable.
A list of all surface waters in the state for which beneficial
uses of the water (drinking, recreation, aquatic habitat and industrial
use) are impaired by pollutants, prepared periodically by the Department
of Environmental Conservation as required by Section 303(d) of the
Clean Water Act; 303(d) listed waters are estuaries, lakes and streams
that fall short of state surface water quality standards and are not
expected to improve within the next two years.
The maximum amount of a pollutant to be allowed to be released
into a water body so as not to impair uses of the water allocated
among the sources of that pollutant.
The Village of Brockport.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Surface watercourse and water bodies, as defined at 40 CFR
122.2, including all natural waterways and definite channels and depressions
in the earth that may carry water, even though such waterways may
only carry water during rains and storms and may not carry stormwater
at and during all times and seasons.
Waters of the United States as defined at 40 CFR 122.2.
This Illicit Discharge Ordinance shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by the Village of Brockport. The
article also applies to stormwater entering the sanitary sewers.
The Stormwater Management Officer (SMO) shall administer, implement
and enforce the provisions of this article. Any powers granted or
duties imposed upon the Village of Brockport may be delegated in writing
by the Village of Brockport to persons or entities acting in the beneficial
interest of or in the employ of the agency.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
or imply that compliance by any person will ensure that there will
not be contamination, pollution nor unauthorized discharge of pollutants.
A.
Authorized inspectors of the Village of Brockport bearing proper
credentials and identification shall be permitted to enter all properties
for the purposes of inspection, records examination and copying, observation,
measurements, sampling, and testing pertinent to discharge or potential
to discharge, and for repair and maintenance to the municipal separate
storm sewer system.
B.
Information and data on a nondomestic source obtained from reports,
questionnaires, permit applications, permits and monitoring programs
and from inspections shall be available to the public or other governmental
agency without restriction, unless the nondomestic source specifically
requests and is able to demonstrate to the satisfaction of the Village
of Brockport that the release of such information would divulge information,
processes or methods of production entitled to protection as confidential
information according to the criteria set forth in 40 CFR 2.208 and
2.302, as may be amended from time to time.
(1)
When requested by the person furnishing a report, the portions of
a report which might disclose confidential information shall not be
made available for inspection by the public. Such confidential proprietary
information is not subject to FOIL disclosure. Stormwater constituents
and characteristics will not be recognized as confidential information.
(2)
Information accepted by the Village of Brockport as confidential
shall be made available upon request to any agency meeting the requirements
of Section 308 of the Clean Water Act, including officers, employees
or authorized representatives of the United States concerned with
carrying out the Clean Water Act bound by the confidentiality rules
in 40 CFR Part 2, as may be amended from time to time.
C.
While performing the necessary work on private properties referred to § 42-16A, the Village of Brockport shall observe all reasonable and proper safety rules applicable to the premises established by the company. In the event of injury or death to any person on the premises (including the authorized inspectors of the Village of Brockport), other persons in the employ of New York State or United States agencies charged with responsibility for regulating and monitoring illicit discharges, and peace officers on premises to assist such persons, caused by the failure of the company (or responsible person or entity) to observe the ordinance requirements herein and applicable public health and safety standards, and/or caused by the negligence or failure of the company or responsible entity or person to maintain safe conditions, such company, entity or person shall indemnify and save harmless the Village of Brockport against any claims and/or demands for personal injury, death or property damage (including all fees and expenses), and reasonable attorneys' fees incurred by the Village of Brockport.
D.
Unreasonable delays in allowing the Village of Brockport access to
the premises or other interference with the regulatory and enforcement
activities of the Village of Brockport shall be a violation of this
article. Access to property and/or records of a nondomestic source
may not be refused on the basis that the Village of Brockport refuses
to sign any waiver, access agreement, indemnity, privacy or similar
document.
E.
If the Village of Brockport has been refused access to a building,
structure or property or any part thereof, and if the Village of Brockport
has demonstrated probable cause to believe that there may be a violation
of this article or that there is a need to inspect as part of a routine
inspection program of the Village of Brockport to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Village of Brockport will make an application to a court of competent
jurisdiction for an administrative search and/or seizure warrant,
describing therein the specific location subject to the warrant. The
warrant application shall specify what, if anything, may be searched
and/or seized on the property described. If granted by the court,
such warrant shall be served at reasonable hours by the Village of
Brockport in the company of a uniformed officer of the law enforcement
agency with jurisdiction over the property. In the event of an emergency
affecting public health and safety, inspections may be made without
the issuance of a warrant. In the event that a violation is found
by a court of competent jurisdiction and/or in a stipulation of settlement
after the Village of Brockport has obtained an administrative search
warrant, the owner of the property shall reimburse the Village of
Brockport for all of its enforcement expenses, including the obtaining
of the administrative search warrant, including its reasonable attorneys'
fees.
A.
Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Such activities include failing private sewage disposal systems as defined in § 42-12, improper management of animal waste, or any other activity that causes or contributes to violations of the municipality's MS4 SPDES permit authorization.
B.
Upon notification to a person/entity that he, she or it is engaged
in activities that cause or contribute to violations of the municipality's
MS4 SPDES permit authorization, that person shall take all reasonable
actions to correct such activities such that he or she no longer causes
or contributes to violations of the municipality's MS4 SPDES
permit authorization.
C.
Prohibition exceptions. The commencement, conduct or continuance
of any illegal discharge to the storm drain system is prohibited except
as described as follows:
(1)
The following discharges are exempt from discharge prohibitions established
by this article: waterline flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising
groundwater, groundwater infiltration to storm drains, uncontaminated
and non-sediment-laden pumped groundwater, foundation or footing drains
(not including active groundwater dewatering systems), crawl space
pumps, air-conditioning condensation, springs, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated; typically less than one ppm chlorine), firefighting
activities and any other water source not containing pollutants. Regardless
of exemption, best management practices should be implemented to reduce
impacts from the above activities.
(2)
Discharges specified in writing by the Village of Brockport as being
necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires a verbal notification
to the Village of Brockport and Village consent prior to the time
of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge permitted
under SPDES permit, waiver or waste discharge order issued to the
discharger and administered under the authority of the New York State
Department of Environmental Conservation, provided that the discharger
is in full compliance with all requirements of the permit, waiver
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain
system by the Village of Brockport.
D.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection. Such connections are per se violations of
this article and the New York State and United States statutes and
regulations incorporated by reference herein and, accordingly, are
not and cannot be considered nonconforming uses and are not subject
to grandfathering.
(3)
A person or entity is considered to be in violation of this article
if the person connects a pipe or line conveying sewage to the municipal
separate storm sewer system (MS4) or allows such a connection to continue.
E.
Waste disposal prohibitions. No person shall throw, deposit, leave,
maintain, keep, or permit to be thrown, deposited, left or maintained,
in or upon any public or private property, driveway, parking area,
street, alley, sidewalk, component of the storm drainage system, or
water of the United States, any refuse, rubbish, yard/lawn waste,
garbage, litter or other discarded or abandoned objects, articles
and accumulations, so that the same may cause or contribute to pollution.
Wastes deposited in streets in proper waste receptacles for the purposes
of collection are exempted from this prohibition.
F.
Prohibition against failing private sewage disposal systems. No person
shall construct or maintain any cesspool, sewage disposal system,
pipe or drain so as to expose or discharge the sewage contents or
other deleterious liquids or matter therefrom to the atmosphere or
on the ground surface or into any storm sewer or drain or as to endanger
any watercourse or body of water, unless a permit for such discharge
shall have been issued therefore by the Monroe County Department of
Health or by the State Department of Health or the State Department
of Environmental Conservation, and such discharge shall be made in
accordance with the requirements thereof. Owners or operators of private
sewage disposal systems shall operate, maintain and inspect such systems
in accordance with the Monroe County Sanitary Code.
G.
Prohibition of stormwater discharge to sanitary sewer. Stormwater
shall not be discharged into the sanitary sewer without written permission
to do so from the Village of Brockport.
A.
Suspension due to illicit discharges in emergency situations. The
Village of Brockport may, without prior notice, suspend discharge
access into the MS4 to a person or entity when such a suspension is
necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment;
to the health or welfare of persons; to the storm drainage system
including but not limited to pipes, manholes, outfall structures and
storm laterals; or to the waters of the United States. If the violator
fails to comply with a suspension order, the Village of Brockport
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of the United States or to minimize danger to
persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this article may have his or
her MS4 access suspended or terminated if such action would abate
or reduce an illicit discharge. The Village of Brockport will notify
a violator of the proposed suspension or termination of its MS4 access.
The violator may petition the Village of Brockport to reconsider the
suspension or termination of MS4 access by requesting a hearing before
the Village Board of Trustees. It shall be unlawful for any person
to reinstate MS4 access to premises suspended or terminated pursuant
to this section without the prior approval of the Village of Brockport.
Any person subject to an industrial or construction activity
SPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Village of Brockport prior to discharge
or as a condition of a subdivision map, site plan, building permit,
certificate of occupancy, operating permit, rental permit, or development
or improvement plan (all without limitation), upon inspection of the
facility; during any enforcement proceeding or action; or for any
other reasonable cause.
A.
Applicability. This section applies to all facilities that the Village
of Brockport must inspect to enforce any provision of this article,
or whenever the Village of Brockport has cause to believe that there
exists, or potentially exists, in or upon any premises any condition
which constitutes a violation of this article. Illicit discharges
are deemed and recognized to be per se hazardous activity, constituting
imminent threats to the public health and safety; immediate access
to suspected offending facilities is deemed necessary to prevent such
hazardous occurrences.
B.
Access to facilities. The Village of Brockport shall be permitted
to enter and inspect, at any time, facilities subject to regulation
under this article as often as may be necessary to determine compliance
with this article. If a discharger has security measures in force
which require proper identification and clearance before entry into
its premises, the discharger shall make the necessary arrangements
to allow access to representatives of the Village of Brockport.
C.
Facility operators shall allow the Village of Brockport ready access
to all parts of the premises for the purpose of inspection, sampling
and examination of the private storm drainage system. Persons or facility
operators must supply copies, if requested by Village of Brockport,
of all records kept under the conditions of the SPDES stormwater discharge
permit. Persons or facility operators must also identify the performance
of any additional duties as defined by state and federal law.
D.
The Village of Brockport shall have the right to place or position
on any permitted facility such devices as are necessary in the opinion
of the Village of Brockport to conduct monitoring and/or sampling
of the facility's discharge to the storm sewer system.
E.
The Village of Brockport has the right to require the discharger
to install at his, her or its expense monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the discharger
at his, her or its own expense. All devices used to measure stormwater
flow and quality shall be calibrated as necessary and recommended
by the manufacturer to ensure their accuracy.
F.
Any temporary or permanent obstruction to the facility which allows
for unsafe access or difficulty in monitoring, inspecting or sampling
of the storm drainage system shall be promptly removed by the discharger
at the written or verbal request of the Village of Brockport and shall
not be replaced. All costs associated with clearing such access restrictions
shall be borne by the discharger in full.
G.
Unreasonable delays, as determined by the Village of Brockport, in
allowing the Village of Brockport access to a facility, which is permitted
under the New York State Department of Environmental Conservation
SPDES Program, for the purposes of conducting any activity authorized
or required by the permit is considered a violation of said program
and of this article.
H.
If the Village of Brockport has been refused access to any part of
the premises from which a discharge or conveyance to the storm sewer
system exists, and the Village of Brockport is able to demonstrate
probable cause to believe that there may be a violation of this article
or that there is a need to further inspect and/or sample the private
stormwater system to verify compliance with this article or any order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then the Village of Brockport may seek
issuance of an administrative search warrant from any court of competent
jurisdiction.
I.
In an emergency situation (imminent hazard and danger to the public
health, safety and welfare), the Village of Brockport may enter the
premises forthwith to inspect and contain the emergency situation
and prevent further hazard to the health and safety of the public;
in such emergency situations, the Village of Brockport may "red tag"
the premises, in which case the use and occupancy of the premises
shall forthwith cease and the premises shall be vacated unless or
until there is an administrative or court order terminating the red
tagging and/or the emergency is otherwise abated and terminated in
a manner satisfactory to the Village of Brockport.
A.
Best management practices. The Village of Brockport will adopt requirements
identifying best management practices (BMPs) for any activity, operation
or facility which may cause or contribute to pollution or contamination
of stormwater, the storm drain system, or waters of the United States.
Such BMPs already adopted by any state, federal or local agency shall
be deemed incorporated herein by reference. The owner or operator
of a commercial or industrial establishment shall provide, at his
or her own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of structural and nonstructural
BMPs. Further, any person responsible for a property or premises which
is or may be the source of an illicit discharge may be required to
implement, at said person's expense, additional structural and
nonstructural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all
terms and conditions of a valid SPDES permit authorizing the discharge
of stormwater associated with industrial activity to the maximum extent
practicable shall be deemed compliant with the provisions of this
section. Appropriately designed structural/nonstructural BMPs shall
be included as part of a stormwater pollution prevention plan (SWPPP)
as necessary for compliance with requirements of the SPDES permit.
B.
Private sewage disposal systems. Where individual sewage treatment
systems are contributing to the Village of Brockport being subject
to the special conditions as defined in § 46-16 of this
article, the owner or operator of such individual sewage treatment
system shall be required to maintain and operate the system as follows:
A.
No person shall alter a stormwater practice on private or publicly
owned land such that it alters the stormwater practice from its intended
use.
B.
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of
the watercourse within the property in a manner which prevents illicit
discharges and keeps the watercourse free of trash, debris, yard/lawn
waste, excessive vegetation and other obstacles that would pollute,
contaminate or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing
privately owned structures within or adjacent to a watercourse so
that such structures will not become a hazard to the use, function
or physical integrity of the watercourse.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in the illegal discharges of pollutants into a stormwater MS4, the
public or private storm drain system or waters of the United States,
said person shall take all necessary steps to ensure the discovery,
containment and cleanup of any such release. In the event a release
of hazardous materials occurs, said person shall immediately notify
the appropriate emergency response agencies via emergency dispatch
services 911 and NYSDEC Region 8 Spill Response Team and/or call the
New York State Spill Hotline at 1-800-457-7362 within the time frame
established by law of the occurrence. In the event of a release of
nonhazardous materials, said person shall notify the Village of Brockport
in person or by phone, facsimile or other suitable and generally accepted
means of communication no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed
and mailed to the Village of Brockport at 49 State Street, Brockport,
New York 14420, postmarked within three business days of the date
of the in-person or phone notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner
or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least five years.
A.
Whenever the Village of Brockport finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
Village of Brockport may order compliance by written notice of violation
to the responsible person.
(1)
Such notice may require, without limitation:
(a)
The performance of monitoring, analyses and reporting.
(b)
The elimination of illicit connection or discharges.
(c)
That violating discharger, practices or operations shall cease
and desist.
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
(e)
Payment of a fine to cover administrative and remediation costs.
(f)
The implementation of source control or treatment BMPs.
(g)
Revocation and reapplication of any operating permit or certificate
of occupancy or other municipal or local permit.
(h)
Penalties may include any and all directions to abate, penalties
and fines as provided in the Codes of the Village of Brockport and
in the laws and regulations of the State of New York, which penalties
and fines are hereby and herewith incorporated by reference herein.
(2)
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor, and the expense thereof shall be charged to
the violator.
B.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this article
shall be guilty of a violation punishable by a fine not exceeding
$350 or imprisonment for a period not to exceed six months, or both,
for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of five years, punishable
by a fine not less than $350 nor more than $700 or imprisonment for
a period not to exceed six months, or both; and upon conviction for
a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed six months,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this article
shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
Any person receiving a notice of violation may appeal the determination
of the Village of Brockport. The notice of appeal must be received
within 30 days from the date of the notice of violation. Hearing on
the appeal before the appropriate authority or his/her designee shall
take place within 15 days from the date of receipt of the notice of
appeal. The decision of the municipal authority or its designee shall
be final. Such administrative appeal is deemed a predicate for any
other appeal process initiated by the violator.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within 30 days of the decision of the municipal authority upholding
the decision of the Village of Brockport, its representatives and/or
employees may enter upon the subject private property with the consent
of the owner or with a valid search and/or seizure warrant and are
authorized to take any and all measures necessary to abate the violation
and/or restore the property.
Within 30 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs, including applicable monetary penalties and
fines. The property owner may file a written protection claim objecting
to the amount of the assessment within 15 days. If the amount due
is not paid within a timely manner as determined by the decision of
the municipal authority or by the expiration of the time in which
to file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment. Any person violating any of the provision of this
article shall become liable to the Village of Brockport by reason
of such violation. The liability shall be paid in not more than 12
equal payments. Interest at the rate of 6% per annum shall be assessed
on the balance beginning on the first day following discovery of the
violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Village of Brockport may petition for a preliminary or
permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation.
A.
Where a person has violated a provision of this article, a person
may be eligible for alternative remedies in lieu of a civil penalty,
upon recommendation of the Village Attorney and concurrence of the
Stormwater Management Officer, where:
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety
and welfare and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense and/or a civil action
to abate, enjoin or otherwise compel the cessation of such nuisance
may be taken.
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law and, upon conviction, shall be subject to a criminal penalty of
$250 per violation per day and/or imprisonment for a period of time
not to exceed 180 days.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the Village of Brockport to
seek cumulative remedies.
